DCIT, New Delhi V. M/s. Jubilant Offshore Drilling Pvt. Ltd., Noida

ITA 5659/DEL/2014

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6852 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 20-10-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO.5659/DEL/2014 ASSESSMENT YEAR: 2007-08 DCIT, CIRCLE-4(1), NEW DELHI. VS. JUBILANT OFFSHORE DRILLING PVT. LTD., A-80, SECTOR-2, NOIDA. TAN/PAN: AABCJ 3999H (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI AMIT JAIN, SR.D.R. RESPONDENT BY: NONE DATE OF HEARING: 23 07 2018 DATE OF PRONOUNCEMENT: 25 07 2018 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (AP PEALS)- VIII, NEW DELHI DATED 11.07.2014 PERTAINING TO THE ASSESSMENT YEAR 2007-08. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVE R, SINCE THE TAX EFFECT INVOLVED IN THE APPEAL FILED B Y THE REVENUE IS BELOW RS.20 LAC, THEREFORE, THE APPEAL WAS TAKEN UP FOR HEARING IN THE LIGHT OF THE LATEST CIRCULAR OF CBDT . I.T.A. NO.5659/DEL/2014 2 2. LEARNED DEPARTMENT REPRESENTATIVE, AT THE OUT SET, SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE APPEA L FILED BY THE REVENUE IS BELOW RS. 20 LACS, THEREFORE, IN VIE W OF THE CBDT CIRCULAR NO.03/2008 [F.NO.279/MISC.142/2007-IT J (PT)] DATED 11 TH JULY, 2018 RAISING THE MONETARY LIMITS FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT HAS BEEN INCREASED TO RS.20 LACS. 4. AS PER PARA 3 OF THE SAID CIRCULAR, IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE REVENUE BEFORE THE ITAT HAVING MONETARY LIMIT OF RS.20 LAC WILL BE TREATED AS WITH DRAWN. SINCE IN THE INSTANT CASE, THE TAX EFFECT IS ADMITT EDLY BELOW RS.20 LAC, THEREFORE, IN VIEW OF THE LATEST CBDT CI RCULAR (SUPRA) RAISING THE MONETARY LIMITS FOR FILING OF T HE APPEALS BEFORE THE TRIBUNAL WHICH IS APPLICABLE EVEN TO PEN DING APPEALS, THE APPEAL FILED BY THE REVENUE IS DISMISS ED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2018. SD/- SD/- [PRASHANT MAHARISHI] [AMIT SHUKLA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 25 TH JULY, 2018 PKK: